Plaintiff was shopping at defendant’s store in August 2009. When she kneeled down to look at something on the bottom shelf in one of the aisles, she was struck from behind by two large boxes containing heavy outdoor canopies, one striking her right foot at the heel, the other on the side of her head and arm. She and her 4-year-old daughter were the only people in the aisle when the incident occurred.

Plaintiff sustained complex regional pain syndrome in her right foot, which progressively worsened over the course of litigation. In addition, after receiving spinal cord injections and a surgically implanted popliteal catheter, plaintiff had a permanent spinal cord stimulator implanted into her spine to assist, regulate and partially control her pain.

Defendant contested liability throughout the course of litigation, maintaining that either plaintiff or her daughter caused the boxes to fall.

Plaintiff contended having her back to boxes and had not touched or otherwise bumped the boxes, and that her daughter was seated in a shopping cart several feet away from the boxes.

It also was asserted that defendant negligently displayed the long, rectangular canopy boxes in a vertical, or standing, position on their smallest and least stable dimension, making them susceptible to falling. Further, it was contended that the canopies had exposed wheels — put in by the manufacturer in order to allow customers to easier transport them out of the store — that further enhanced instability.